European Commission

European social dialogue and Labour Law

Transnational company agreements

Evelyne Pichot

European Commission

Roma, September 2009

European Commission

Labour Law

Context: two aspects in cross border social dialogue in companies

European Works Councils (EWCs):

Change in the legal framework new Directive 2009/38/EC

Transnational company agreements:

Support to the development

Commission’s papers on Transnational company agreements

• Commission staff working document: « the role of transnational company agreements in the context of increasing international integration » SEC (2008)2155

• report of DG Employment: « Mapping of transnational texts concluded at corporate level »

• Issued on 2 July 2008

http://ec.europa.eu/labour_law/

European Commission

Labour Law

Follow-up of the 2008 documents

Conference of the French Presidency and restructuring forum, notably with academics and companies

Issue for the meeting between Directors Generals of industrial relations from the Member States

Priority in the budget line 04.03.03.03 (information consultation) for 2009

Contact with promoters and sectorial actors

Launch of a study on international private law

Launch of a call for tenders to develop a database

European Commission

Labour Law

First meeting of the expert group on transnational agreements, 14 may 2009

54 participants + Commission

Opening DG N. van der Pas

Three issues discussed

1. Operation of the expert group

2. Transnational company agreements in times of economic and social change

3. Actors involved

European Commission

Labour Law

1. Commission’s expert group on transnational company agreements

Mission: monitor developments and exchange information

Permanent members: EU Member States (1/MS), Social partners (9+9)

Permanent observers: EEA Member States (3), Institutions (4)

Ad-hoc experts invited: academics and company actors depending on issue

Chair : COM Director social dialogue – labour law

Duration: 2 years starting May 2009

2. Issues related to the crisis

How to develop positive results that may be attained through transnational company agreements

In particularAvoiding negative social impacts of restructuringCreating grounds for future developments

In the present context?

Examples discussed: Ford Europe and Rhodia

Transnational agreements and the crisis

Aim of transnational texts addressing anticipation and management of change :

Addressing concrete restructuring events

Organising a socially responsible management of potential restructuring

Anticipating change, employment and skills

Addressing restructuring in the context of global agreements

European Commission

European Social Dialogue and Labour Law

Restructuring, anticipation, training, mobility: A major issue for European agreements

Restructuring, anticipation, training, mobility: A major issue for European agreements

Focus of the transnational texts recorded

05

101520

2530354045

nu

mb

er o

f te

xts

Global

Mixed

European

Measures included in transnational agreements

Avoiding redundancies

Accompanying measures

Planning and forward looking management of employment and skills

Procedures and dialogue

Drivers for engaging in transnational negotiation

Company context

HR policy

Active European Works Council

Trade union objectives

Approach to anticipation of change

Transnational restructuring

Results of transnational agreements

Mutual understanding, confidence in social dialogue

Acceptance of change, understanding challenges

Corporate common identitity and European dimension

New and effective approach to restructuring

Concrete social results

3. Issues related to the actors How to ensureLegitimacyCapacity

Of the actors inNegotiatingSigningImplementing

Transnational company agreements To develop their positive results ?

Views and experience discussed: Bart Samyn, Jorgen Ronnest, Areva HR and EWC

Signatories on employee side

European Works CouncilsAlmost all European and mixed texts

1/3 of global texts

European and international federations½ of European and mixed texts

Almost all global texts

National workers organisations1/3 of texts

More in global than in European ones

Actors on management side Corporate management

CEO - HR

National managementLocal management

Management of subcontractors ?Management of subcontractors ?

Open questions for further discussion

Form andtransparency

Actors

Effects

Dispute resolutionLink between levels

Commitments

European Commission

European Social Dialogue and Labour Law

Links to the European Commission…

Labour law

http://ec.europa.eu/labour_law/